Legal Question in Real Estate Law in Maryland

If you would like your husband to have a 50% interest in the property with you, then you can use a quitclaim deed. The quitclaim deed will be from YOU (as "Grantor") to YOU AND YOUR HUSBAND (as "Grantee").

If you have a mortgage, which is sounds like you do, it does not matter whether you transfer the property using a quitclaim deed or a warranty deed - both will trigger the due on sale clause of your mortgage. In other words, if you want to really do this the correct way, you should simply contact your lender and tell them you would like to add your now-husband to the mortgage. I'm sure they will be happy to do this -- he's just another pocket that they can collect their mortgage payment from! They will likely have him fill out an application. Once your lender has approved adding him to the mortgage, you can deed the property. This is a very common situation and nothing to get worried about.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

Adding a spouse to a deed is a relatively straight-forward process, as another attorney already noted. However, it is NOT generally a good idea to have you and your spouse each own a 50% interest in property as this unnecessarily opens each spouse up to creditor claims. Rather, in the state of Maryland spouses can own property jointly in a way that protects it from the claims of individual creditors.

Also, while you must follow your lender's rules if you have a mortgage, you do not always need to obtain a new loan or have your spouse co-sign. The process varies a bit lender to lender. My firm does spousal transfer deeds in Maryland for a flat fee; if you'd like you may call 410-216-7000 for a free 10 minute telephone consult.